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Ask HN: Using Tor implies guilt?

8 points by utefan001 ↗ HN
A relative of mine, I believe, is being made the scapegoat and criminally charged for modifying files on his former employer's server. SSH keys were shared by dozens of people.

One of the things mentioned in the charges is the fact that his home computer shows he connected to Tor multiple times. Can anyone point to any online resources that address this as legal precedent or not?

4 comments

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lmlsna
If the offending IP was a tor exit node, and dude was using tor at home during the same time period, that would almost certainly be appropriately admitted as circumstantial evidence.

He would of course be permitted to make an argument as to why that circumstantial evidence is weak and should not be given any weight.

kenbaylor
This is a really good time for him to shut up and lawyer up.

The duty of the prosecution is to prove their case in court. The fact that they have seized his computer(s) and carried out forensics already, means they are looking hard for a conviction. If they freak him out with this sort of circumstantial evidence, he will say something, and it's never a good thing.

https://www.youtube.com/watch?v=d-7o9xYp7eE

Legal precedent depends on jurisdiction and you haven't shared that. Connecting to Tor is a 'fact'. What value that fact has is up to the prosecution to prove. Relevancy is key. Best to wait and see what they alleged happened and then challenge just those set of facts.

If he says nothing, they have a lot to prove. In many places in the US, they will come in with multiple felonies then accept all sorts of plea bargains as it drags on and on and on, like a bad used sales car man.